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HomeMy WebLinkAboutResolution - 091053F - Lien Release - Pedro Gutierrez - Various Lots, Block 5, William Tubbs Addition - 09_10_1953 RESOLUTION N i WHEREAS, the City Commission has heretofore passed Ordinance No. 917 on June 9, 1949, which Ordinance levied and assessed various properties in the City of Lubbock certain specified amounts for street improvement purposes; and WHEREAS, such Ordinance was filed in the Deed Records of Lubbock County, Texas on the 15th day of June, 1949, in Volume 391, page 6, constituting an apparent lien on certain property in Paving Unit No. 862 covering North Avenue 11 and Avenue M from 2nd Street to Baylor Street, which certain property being Lot 10 and the north 10 feet of Lot I1, McMillan Subdivision of Lots 2, 3, and 4, of Block 5, William Tubbs Addition to the City of Lubbock, Texas was assessed $180.49 in the name of Pedro Guiterrez; and, WHEREAS, such paving on North Avenue M from 1st Street to Baylor Street, as intended to be made, has in fact not been made nor assessment levied by virtue of such Ordinance and there is no intent in the immediate future plans of the City for such paving, and from the further fact that the owner of such property has requested and is desirous of obtaining a release on all such property owned by i1 such individual in such lot and block above mentioned from the apparent lien treat by such Ordinance above mentioned; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CG@IaSSION OF THE CITY OF LUBBOCK: SECTION 1. THAT, the Mayor BE, and he is hereby authorized and directed to execute a Release on all that hereinafter described property in Wheelockrs Second Addition, an addition to the City of Lubbock, Lubbock County, Texas releasing any cloud of title or apparent lien created by virtue of Ordinance No. 917 insofar as it affects Lot 10 and north 10 feet of Lot ll, McMillan Subdivision of Lots 29 3, and 4 of Block 5, William Tubbs Addition by virtue of a notice of intention to pave that property abutting such described property on North Avenue M, such Release being made in favor of one Pedro Guiterrez, in whose name the property was assessed in such Ordinance on all that property lying and being situatedin Lubbock, Lubbock County, Texas and being further described as follows, to wit: Lot Ten (10) and north ten (10) feet of Lot Eleven (11) of McMillan Subdivision of Lots Two (2), Three (3) and Four (4) of Block Five (5) of William Tubbs Addition, an addition to the City of Lubbock, Lubbock County, Texas. SECTION 7. THAT, such Release is to contain the provision that such Release does not in any way affect any property or liens not specifically described therein as being released, and that all liens and apparent liens against property owners not otherwise released,being expressly retained in such Release. On motion of Commissioner Thomas seconded by Com- missioner Davis the foregoing Resolution was approved and passed on this loth �y of Sept: , 1953, by the following vote: Commissioners voting nYEA„*orris,Carpenter,Davis, Thomas & Mayor Tripp Commissioners voting nNAV: None ATTEST: RELEASE THE STATE OF TEW COUNTY OF LUBBOCK WBEREAS, heretofore an the 15th 44T of dune, 1949 the City of Lubbock filed its Ordinance No. 917 in the Deed Records of Lubbock County, Texas, such instrument being recorded in Volume 391, page b of the Deed Original Records of Lubbock Cody, Tom, such Ordinance containing a notice of Release improvements and an apportionment of the cost of such improvements by sent to assessing a lien upon the property abutting thereon; and, Orville WHEREAS, In such assessment ordinance there was included Lot 10 and Alderson north ten (10) feet of Lot 11, KeMillan Subdivision of Lots 2, 3, and 4, Block of Pav- 5, William Tubbs Addition, Lubbock, Lubbock County, Texas, on which property ing Dept.the mount of $1.80.49 apportionment constittttes a cloud and apparent lien 9-1453 against such property for paving which was Tmoposesd on North Avenue E abutting also such propertyi and, copy of WHEREAS, said notice of improvement In fact has created no lien Reso- against the property hereinafter described by reason of the notice of improve- lution. ment for the paving on forth Avenue N for the reason that such property has not been paved and there is no immediate plan of paving North Avenue H abutting such property by virtue of Ordinance No. 917, passed dune 9, 1949, and PEDRO GUITERJIEZ having requested such property released from the cloud and apparent lien on such title; WOW, THEREFORE;, KNOW ALL NEK BY THESE PRESENTSt That the CITY OF LUBBOCK, acting by and throw its officer duly authorised by Resolution of the City Commission, on the.20th day of September, 1953 in consideration of the premises and ONE and NOf100 (91,00) DOLLARS Cash in hand paid by PEDRO GUITERM to the CITY OF LUBBOCK, does hereby and by these presents REIEASE, RPLINQUISE and FOREVER QUITCIA3M to PEDRO GUITEJ=, his heirs, executors, administrators end assigns, all right, title and interest it has in and to the following described property which has arisen by virtue of such lien or apparent liens on all such property lying and being situatedin Lubbock, Lubbock County, Texas and being further described as follws, to-vit t lot Ten (10) and the north ten (20) feet of Lot Eleven (11) of McMillen Subdivision of Lots Two (2), Three 13), and Four (4) of Block Five (5) of William Tubbs Addition, an addition to the City of Lubbock, Lubbock County, Texas. This Release in no way affects any property or liens not specifically described herein, and all Liens and apparent liens against property owners not otherwise,released are hereby expressly retained. EXECV= this gam_ day of , Sept. 1953. CITY OF LACK byt ATTRSTt a� o enia Love, City Secretary Treasurer THE STATE OF TEXAS COUNTY OF LUBBOCK BEFOX BE, the undersigned authority, a Notary Public in and for Lubbock, County, Texas, on this der personally appeared Murrell R.,Tripp . known to me to be the person whose name is subscribed to the! feorego% instrument, and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as NAYCRj 1br 'the purposes and consideration therein expressed, and in the capacity therein stated. OI9EN UNM HY HAND AND SEAL OF OFFICE, this 110th day of Sept. , A. D. 1953. (SEAL) NOTARY PUBLIC, Lubbock County, Texas.